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(영문) 광주지방법원 2016.07.20 2015나11072

물품대금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. Of the total costs of litigation, the Plaintiff and the Defendant.

Reasons

1. The following facts do not conflict between the Parties:

The Plaintiff Intervenor (hereinafter referred to as the “ Intervenor”) contracted the construction related to the “D District River Environment Maintenance Project” by the Dasan Regional Land Management Office, and subcontracted the land and structures construction (hereinafter referred to as the “instant construction”) to the Defendant.

B. Upon the Defendant’s request, the Plaintiff supplied materials worth KRW 29,363,730, including value-added tax, to the construction site of this case from June 2014 to September 2014.

2. Determination

A. According to the facts of paragraph (1) of the judgment on the cause of the claim, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 22,885,430, which remains after subtracting KRW 6,478,300 paid to the Plaintiff from KRW 29,363,730, except in extenuating circumstances.

B. On October 6, 2014, the defendant made a defense to the effect that his obligation under the above paragraph (a) has been extinguished due to the intervenor's assumption of obligation with the intervenor's exemption, and according to the following facts acknowledged in full view of the overall purport of the pleadings, the intervenor shall be deemed to have been exempted from obligation under the above paragraph (a). Accordingly, the above defense was reasonable. The defendant notified the intervenor that he would temporarily suspend the construction of this case on the ground of business deterioration, etc. < Amended by Act No. 12837, Oct. 6, 2014>

B) Around November 17, 2014, the Intervenor notified the Defendant that he would directly handle the part of the instant construction work among the instant construction works. C) The Plaintiff, upon the Intervenor’s employee’s request on December 29, 2014, received all the Defendant’s obligation for construction payment related to the instant construction work, and the Plaintiff consented to the assumption of the obligation, and consented to the payment of the Plaintiff’s transaction amount (22,885,430 won) with the Defendant, and agreed to receive the full amount from the Intervenor.” The Intervenor shall sign and seal on the written consent for the acceptance of the claim transfer, and the Defendant’s other creditors also agreed to the same reasons.